DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 5278-07
23 January 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the United
States Code section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 15 January 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps on 25 September 1961 at age 19.
During the period from 8 June 1964 to 20 April 1966 you received
nonjudicial punishment (NJP) on three occasions and were
convicted by a special court-marital. Your offenses were three
instances of disobedience and falsifying a check. You were
released from active duty on 1 May 1966 with your service
characterized as under honorable conditions. Subsequently, you
were issued a general discharge at the end of your military
obligation.
Character of service is based, in part, on conduct and
proficiency averages, which are computed from marks assigned
during periodic evaluations. Your conduct mark average was 3.9.
A minimum average mark of 4.0 in conduct was required at the time
of your separation for a fully honorable characterization of
service.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and completion
of your period of service. The Board also considered your
contentions in effect, that your last NUP was unjust and that you
were told that the discharge would be automatically upgraded
after six months. The Board found that these factors and
contentions were not sufficient to warrant recharacterization of
your discharge given your disciplinary record and failure to
achieve the required average mark in conduct. The Board was
aware that there is no provision in the regulations which would
require recharacterization of a discharge based solely on the
passage of a period of time. The Board concluded that the
characterization of your service was proper anda
recharacterization to fully honorable was not warranted.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
Soest J
W. DEAN PFE
Executive D or
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